Portugal's phone marketing laws are designed to protect consumers from intrusive calls and ensure transparency and consent. The primary legislation governing telemarketing is the Portuguese Data Protection Act (DL 58/2019), which aligns with the EU's General Data Protection Regulation (GDPR).
The cornerstone of these laws is explicit consent. Businesses must obtain a clear, affirmative action from individuals before contacting them for marketing purposes via phone. This means simply having a pre-ticked box or relying on implied consent is generally insufficient. Individuals must actively opt-in, for example, by checking a box specifically authorizing phone marketing calls.
Consent must be freely given, specific, informed, and unambiguous. Businesses must portugal phone number list clearly explain how their phone number will be used for marketing and provide an easy way to withdraw consent at any time, free of charge. This opt-out mechanism, often a simple "no thank you" or request to be removed, must be respected immediately.
Furthermore, businesses must be transparent about their identity and the purpose of the call. Calls must clearly identify the company and be made from a recognizable number where possible. Using automated dialers or pre-recorded messages is heavily restricted and generally requires specific prior consent.
A central principle is the Do Not Call (DNCR) register managed by the Infocentro Foundation (Fundação Infocentro). While consent is the primary requirement, individuals can register their numbers on this list to opt out of unsolicited calls from companies that do not have their specific consent. Businesses are obligated to check this register and not call numbers listed unless prior consent exists.
Failure to comply with these laws can result in significant fines from the Portuguese Data Protection Authority (CNPD - Comissão Nacional de Proteção de Dados) and damage to a company's reputation. Businesses engaging in phone marketing in Portugal must prioritize obtaining valid consent, maintaining accurate records, and respecting consumer rights.